LaBatte v. Gangle et al
| South Dakota District Court | |
| Judge: | Eric C Schulte |
| Case #: | 1:24-cv-01014 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jul 11, 2024 |
| Terminated: | Aug 30, 2024 |
| Last checked: Sunday Aug 25, 2024 4:30 AM CDT |
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Defendant
Gary Gaikowski
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Represented By
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Defendant
Karen Gangle
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Represented By
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Defendant
Hon. Ruth Burns
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Represented By
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Defendant
Hon. Michael Swallow
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Represented By
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Plaintiff
Brendan LaBatte
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Represented By
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| Docket last updated: 10 hours ago |
| Thursday, September 05, 2024 | ||
| 36 | 36
appeal
USCA Case Number and Briefing Schedule
Thu 09/05 12:44 PM
USCA Case Number and Appeal Briefing Schedule Order for34 Notice of Appeal filed by Brendan LaBatte. USCA Case Number: 24-2798 Transcript due by 10/15/2024.. (TAL) |
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Att: 1
Briefing Schedule
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| Tuesday, September 03, 2024 | ||
| 35 | 35
appeal
Transmittal of Notice of Appeal to 8th Circuit COA
Tue 09/03 9:58 AM
TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re34 Notice of Appeal. (SAC) |
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| Friday, August 30, 2024 | ||
| 34 | 34
appeal
Notice of Appeal
Fri 08/30 3:09 PM
NOTICE OF APPEAL as to32 Order on Motion for Preliminary Injunction,, Order on Motion to Dismiss/Lack of Jurisdiction by Brendan LaBatte. (paid $605 Appellate Filing fee; receipt number BSDDC-4359235). (Doody, Robert) |
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| 33 | 33
order
Judgment
Fri 08/30 2:14 PM
JUDGMENT OF DISMISSAL. Signed by U.S. District Judge Eric C. Schulte on 08/30/2024. (KLE) |
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| 32 | 32
9
pgs
order
Order on Motion for Preliminary Injunction Order on Motion to Dismiss/Lack of Jurisdiction
Fri 08/30 2:11 PM
OPINION and ORDER granting26 Motion to Dismiss for Lack of Jurisdiction and denying2 and20 Motions for Preliminary Injunction. Signed by U.S. District Judge Eric C. Schulte on 08/30/2024. (KLE) |
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| Wednesday, August 14, 2024 | ||
| 31 | 31
minutes
Motion Hearing
Wed 08/14 10:51 AM
Motion Hearing held on 8/14/2024 re26 MOTION to DISMISS for Lack of Jurisdiction , Failure to State a Claim, and Failure to Join a Required Party filed by Ruth Burns, Karen Gangle, Michael Swallow, Gary Gaikowski before U.S. District Judge Eric C. Schulte. (Court Reporter: Cheryl Hook) (SKK) |
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| Tuesday, August 13, 2024 | ||
| 30 | 30
respoth
Reply
Tue 08/13 2:35 PM
REPLY to26 Motion to Dismiss/Lack of Jurisdiction,28 Affidavit in Support of Motion,27 Memorandum in Support of Motion for preliminary injunction filed by Brendan LaBatte. (Doody, Robert) |
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| Monday, August 12, 2024 | ||
| 29 | 29
2
pgs
order
Order
Mon 08/12 10:06 AM
ORDER Regarding Motion Hearing. Signed by U.S. District Judge Eric C. Schulte on 08/12/2024. (KLE) |
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| Thursday, August 08, 2024 | ||
| 28 | 28
respm
Affidavit in Support of Motion
Thu 08/08 9:15 AM
DECLARATION OF TIMOTHY W. BILLION in Support re26 MOTION to DISMISS for Lack of Jurisdiction , Failure to State a Claim, and Failure to Join a Required Party filed by All Defendants. (Billion, Timothy) Modified docket text on 8/8/2024 (SAC) |
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Att: 1
Exhibit 1 - Tribal Court Proceeding,
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Att: 2
Exhibit 2 - Motion to Dismiss DUI and Order
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| 27 | 27
30+
pgs
respm
Memorandum in Support of Motion
Thu 08/08 9:12 AM
MEMORANDUM in Support re26 MOTION to DISMISS for Lack of Jurisdiction , Failure to State a Claim, and Failure to Join a Required Party filed by All Defendants. (Billion, Timothy) |
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| 26 | 26
motion
Dismiss/Lack of Jurisdiction
Thu 08/08 9:10 AM
MOTION to DISMISS for Lack of Jurisdiction , Failure to State a Claim, and Failure to Join a Required Party by Ruth Burns, Gary Gaikowski, Karen Gangle, Michael Swallow. (Billion, Timothy) |
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| 25 | 25
10
pgs
respm
Memorandum in Opposition to Motion
Thu 08/08 9:04 AM
MEMORANDUM in Opposition re20 First MOTION for Preliminary Injunction CLEAN. COPY filed by All Defendants. (Billion, Timothy) |
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| Tuesday, August 06, 2024 | ||
| 24 | 24
2
pgs
order
Order on Motion to Produce
Tue 08/06 3:28 PM
ORDER denying17 Motion to Produce.. Signed by U.S. District Judge Eric C. Schulte on 08/06/2024. (KLE) |
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| 23 | 23
minutes
Status Conference
Tue 08/06 2:27 PM
Status Conference held on 8/6/2024 before U.S. District Judge Eric C. Schulte. (Court Reporter: Deanna Clayborne) (SKK) |
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| Monday, August 05, 2024 | ||
| 22 | 22
misc
Declaration
Mon 08/05 4:36 PM
DECLARATION of Dawn Drum re21 Response to Motion Rule 37(e) . (Billion, Timothy) |
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| 21 | 21
respm
Response to Motion
Mon 08/05 4:31 PM
RESPONSE to Motion re17 First MOTION to Produce TRIBAL CODE AND DECISIONS filed by All Defendants. (Billion, Timothy) |
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| 20 | 20
motion
Preliminary Injunction
Mon 08/05 6:50 AM
First MOTION for Preliminary Injunction CLEAN. COPY by Brendan LaBatte. (Doody, Robert) |
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| 19 | 19
cmp
Amended Complaint
Mon 08/05 6:47 AM
First AMENDED COMPLAINT CLEAN filed by Brendan LaBatte. (Doody, Robert) |
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order
~Util - Set Hearings
Mon 08/05 4:13 PM
Status Conference set for 8/6/2024 at 02:00 PM in Pierre Courtroom 1 before U.S. District Judge Eric C. Schulte. Signed by U.S. District Judge Eric C. Schulte on 8/5/2024. (CV) |
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| Friday, August 02, 2024 | ||
| 18 | 18
1
pgs
order
Order on Motion to Amend/Correct
Fri 08/02 3:31 PM
ORDER granting8 Motion to Amend/Correct.. Signed by U.S. District Judge Eric C. Schulte on 08/02/2024. (KLE) |
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| 17 | 17
motion
Produce
Fri 08/02 3:10 PM
First MOTION to Produce TRIBAL CODE AND DECISIONS by Brendan LaBatte. (Doody, Robert) |
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Att: 1
Correspondence Request for documents
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| Thursday, August 01, 2024 | ||
| 16 | 16
2
pgs
order
Order on Motion for Admission Pro Hac Vice
Thu 08/01 2:25 PM
ORDER granting13 Motion for Admission Pro Hac Vice of Attorney Gregory S. Paulson for Defendants Ruth Burns, Gary Gaikowski, Karen Gangle and Michael Swallow.. Signed by U.S. District Judge Eric C. Schulte on 08/01/2024. (KLE) |
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| 15 | 15
notice
Notice of Appearance
Thu 08/01 2:17 PM
NOTICE of Appearance by Shaun M. Eastman on behalf of All Defendants. (Eastman, Shaun) |
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| 14 | 14
notice
Notice of Appearance
Thu 08/01 2:12 PM
NOTICE of Appearance by Megan A. LaFromboise on behalf of All Defendants. (LaFromboise, Megan) |
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notice
Notice of Filing Error
Thu 08/01 2:05 PM
NOTICE of Filing Error:10 Motion for Preliminary Injunction,11 Motion for Preliminary Injunction,12 Motion for Preliminary Injunction, was filed in error and should be disregarded. (LaFromboise, Megan) |
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| Wednesday, July 31, 2024 | ||
| 13 | 13
motion
Admission Pro Hac Vice
Wed 07/31 1:55 PM
MOTION for Attorney Greg S. Paulson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ASDDC-4336826) by Ruth Burns, Gary Gaikowski, Karen Gangle, Michael Swallow. (Billion, Timothy) |
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| 12 | 12
motion
Preliminary Injunction
Wed 07/31 12:44 PM
MOTION for Preliminary Injunction Notice of Appearance by Ruth Burns, Gary Gaikowski, Karen Gangle, Michael Swallow. (LaFromboise, Megan) |
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| 11 | 11
motion
Preliminary Injunction
Wed 07/31 12:43 PM
MOTION for Preliminary Injunction Notice of Appearance by Michael Swallow. (LaFromboise, Megan) |
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| 10 | 10
motion
Preliminary Injunction
Wed 07/31 12:42 PM
MOTION for Preliminary Injunction Notice of Appearance by Ruth Burns, Gary Gaikowski, Karen Gangle. (LaFromboise, Megan) |
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| 9 | 9
notice
Notice of Appearance
Wed 07/31 9:53 AM
NOTICE of Appearance by Brendan V. Johnson on behalf of All Defendants. (Johnson, Brendan) |
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| 8 | 8
motion
Amend/Correct
Wed 07/31 7:58 AM
First MOTION to Amend/Correct by Brendan LaBatte. (Doody, Robert) |
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Att: 1
Attachment,
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Att: 2
Attachment
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| Tuesday, July 30, 2024 | ||
| 7 | 7
notice
Notice of Appearance
Tue 07/30 4:49 PM
NOTICE of Appearance by Timothy W. Billion on behalf of All Defendants. (Billion, Timothy) |
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| Monday, July 29, 2024 | ||
| 6 | 6
service
Certificate of Service (attorney use)
Mon 07/29 3:36 PM
CERTIFICATE OF SERVICE by Brendan LaBatte Subpoena Kirchmeier . (Doody, Robert) |
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| Wednesday, July 24, 2024 | ||
| 5 | 5
order
Scheduling Order
Wed 07/24 10:23 AM
SCHEDULING ORDER Setting Hearing on Motion for Preliminary Injunction. Motion Hearing set for 8/14/2024 at 10:00 AM in Aberdeen Courtroom 1 before U.S. District Judge Eric C. Schulte Signed by U.S. District Judge Eric C. Schulte on 07/24/2024. (KLE) |
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| Friday, July 12, 2024 | ||
| 4 | 4
service
Waiver of Service Executed
Fri 07/12 11:28 AM
WAIVER OF SERVICE Returned Executed by Brendan LaBatte. All Defendants. (Doody, Robert) |
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| Thursday, July 11, 2024 | ||
| 3 | 3
misc
Letter (attorney use)
Thu 07/11 11:49 AM
Letter to Megan LaFromboise SWO Attorney. (Doody, Robert) |
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| 2 | 2
motion
Preliminary Injunction
Thu 07/11 11:41 AM
First MOTION for Preliminary Injunction by Brendan LaBatte. (Doody, Robert) |
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| 1 | 1
cmp
Complaint (COURT USE ONLY)
Thu 07/11 11:16 AM
COMPLAINT, $405 fee paid, receipt# ASDDC-4322337, in shell case on 07/11/2024 filed by Brendan LaBatte. (KLE) |
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Att: 1
Attachment 1- Opinion of the Court of Appeals,
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Att: 2
Attachment 2- Memorandum Opinion and Order,
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Att: 3
Attachment 3-Tribal Counsel Resolution,
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Att: 4
Attachment 4- Incident Report,
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Att: 5
Attachment 5-Complaint,
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Att: 6
Attachment 6- Judgment of Conviction,
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Att: 7
Attachment 7- Motion to Dismiss
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